Nita v. Macy's West Stores, Inc. et al

Filing 12

ORDER Granting Stay (Dkt. 10 ). The case is stayed for one month. If Nita doesn't file a demand for arbitration and a motion to dismiss this action by 7/13/2018, the Court will dismiss this case. The motion to compel arbitration (Dkt. 9 ) is denied as moot. Signed by Judge Larry Alan Burns on 6/15/2018. (jdt)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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DAN NITA,

CASE NO. 18cv527-LAB (BGS)
Plaintiff,

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ORDER GRANTING STAY [Dkt. 10]

vs.
MACY’S WEST STORES, INC., et al.,
Defendants.

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The parties ask for a stay until Dan Nita files a demand for arbitration with the

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American Arbitration Association. The Court “shall on application of one of the parties stay

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the trial of the action until such arbitration has been had.” 9 U.S.C. § 3. But the “Ninth Circuit

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has held that § 3 does not impose a mandatory duty to stay on district courts. Thus, even

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where a party seeks a stay under § 3, the court has discretion to dismiss under Rule 12(b)(6)

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if it finds that all of the claims before it are arbitrable.” KKE Architects, Inc. v. Diamond Ridge,

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2008 WL 637603, at *5 (C.D. Cal. Mar. 3, 2008) (citing cases). The Court agrees with the

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parties: all of the claims here are arbitrable. But the Court doesn’t want this case to sit on

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the docket. The case is stayed for one month. If Nita doesn’t file a demand for arbitration

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and a motion to dismiss this action by July 13, 2018, the Court will dismiss this case. The

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motion to compel arbitration is denied as moot. [Dkt. 9.]

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IT IS SO ORDERED.
Dated: June 15, 2018
HONORABLE LARRY ALAN BURNS
United States District Judge